CHAPTER tained once in seven years, the same basis prescribed in III. the first Constitution; but the restriction contained in 1790. that Constitution, to serve no more than four years in sev en, was dropped. The only qualifications required were citizenship of the state for three years, and residence in the district for one year. The senators, never more than one third nor less than one fourth the number of representatives, were to be apportioned on the same principle among districts to be formed by the Legislature; but no district was to choose more than four senators. The senators must be twenty-five years of age and four years citizens of the state. They were to serve four years, and to be divided into four classes, one class to go out annually. As the want of a senate had been one chief objection to the first Constitution, the provisions on this subject were objects of special interest. The committee appointed to report a draft of a new Constitution, in order to make the distinction between the two houses as marked as possible, had proposed to imitate the Maryland planlong persevered in, but since abandoned by that stateof a choice of senators not directly by the people, but by the intervention of a body of electors specially chosen for that purpose. This, it was argued, would secure a Senate more respectable and select than if the choice were made directly by the people. Much to the surprise and disgust of many of his political friends, and generally of the party with which he acted, this idea was vehemently attacked by Wilson. With that vein of strong good sense and clear appreciation of the actual constitution of society in America, of which he had given so many proofs in the Federal Convention, he pronounced this contrivance no less illusory than it would be unpopular. The longer term assigned to senators, their choice III. by larger districts, their sitting as a separate body, and CHAPTER the esprit de corps which would thus be produced, would render the two houses a sufficient check upon each oth- 1790. er without any difference in the method of choice. Wilson carried only a small portion of his party with him; but, as he was supported by the whole body of the opposition, his views prevailed. The executive power was vested in a governor, to be elected by the people for the term of three years, but disqualified to hold the office more than nine years out of twelve. It had been proposed that the choice of governor should be made through the medium' of electors, but the eloquence of Wilson prevailed to give it directly to the people. In the extensive authority bestowed upon this officer, the model of the Federal Constitution was closely followed. Like the President of the United States, he had a qualified veto on all acts of the Legislature, the granting of reprieves and pardons, and the appointment to all offices the filling of which was not otherwise provided for. The old colonial method was still continued of the nomination by popular vote of two persons in each county as candidates for the office of sheriff, and two others for the office of coroner, the governor to fill the offices respectively by selecting one of those thus nominated. The election of state treasurer was to be by joint ballot of the two houses, and the appointment of the other treasury officers to be regulated by law. With these exceptions, the appointment to all civil offices of every description was in the sole gift of the governor, whose patronage was thus very extensive, far exceeding that possessed by any other state governor, and superior, indeed, at this time, to that of the President of the United States. Mifflin was chosen the first governor under this CHAPTER Constitution, St. Clair, the opposing candidate, receiving but few votes. III. 1790. Every tax-paying citizen, two years a resident, and the sons of such citizens between the ages of twenty-one and twenty-two, were entitled to vote. All elections, except those in a representative capacity, to be by ballot -provisions substantially copied from the first Constitution. The old judicial system was also continued, with this alteration, that the judges of the higher courts were to be appointed, not for seven years, as the first Constitution had directed, but for good behavior. They were to receive an adequate fixed compensation, not to be diminished during their continuance in office; but, by a judicious provision, no part of it was to consist in fees or perquisites. The unstable tenure and the dependence of the judiciary had been one chief objection urged against the first Constitution. The Bill of Rights re-enacted the old colonial provision, copied into the first Constitution, respecting freedom of worship, the rights of conscience, and exemption from involuntary contributions for the maintenance of any ministry. The recognition of a God, and of a future state of rewards and punishments, seemed still to be required as a qualification for holding office; but the subscription which the first Constitution had demanded from the members of Assembly of their belief in the divine inspiration of the Old and New Testament was now dropped. The Legislature were directed to provide "as soon as conveniently may be" for the establishment of schools throughout the state, in which the poor might "be taught gratis;" but a long period elapsed before this provision was carried into effect. By an important republican modification in the English law of libel, since generally adopted either by legislative enactment or ju- CHAPTER dicial decisions in the other states, in all cases touching III. the conduct of public officers, or where the matter was 1790. proper for public information, the publication might be justified by giving the truth in evidence. After remaining in force for near fifty years, this Constitution underwent, in 1838, some modifications. The patronage of the governor was greatly reduced, the concurrence of the Senate being required in the appointments to judicial offices, and the election of all county officers being given to the people. The terms of judicial office were also restricted to fifteen, ten, and five years, the longer periods in case of the higher courts. Of the political experience which led to these changes, and which has produced in our times a strong and still growing disposition to limit the period of judicial office, and to give the appointment of all officers, even those of a judicial character, directly to the people, we may find occasion to speak hereafter. The Wyoming controversy, growing out of the claim of Connecticut to the northern portion of Pennsylvania, settled, so far as the right of jurisdiction was concerned, by the federal court held at Trenton in 1782, had yet left behind it a violent contest as to the title to the lands. An attempt in favor of the claimants under Pennsylvania grants to dispossess the Connecticut settlers by force led (1784) to a collision, in which some blood was shed, known among the New England settlers as the "second Pennamite war," and then to a revival in Connecticut of the Susquehanna Company, and of a claim on its behalf, so far as the ownership of the soil was concerned, to the whole tract of northeastern Pennsylvania, originally purchased of the Indians by the Connecticut adventurers. The influx of new settlers under grants from this revived CHAPTER Connecticut Company, and the purpose on their part, III. scarcely concealed, to imitate the example of Vermont, 1790. by wresting this district from the jurisdiction of Penn sylvania and erecting it into an independent state, had brought over the Pennsylvania Assembly to a more conciliatory policy toward the old Connecticut settlers, whom it was hoped to detach from the new immigrants. In the years 1786 and 1787 acts had passed for confirming the settlers of prior date to the Trenton decision in possession of their lands, other lands elsewhere to be given to the Pennsylvania claimants. At once to satisfy the inhabitants, and to give effect to the jurisdiction of Pennsylvania, the disputed territory, hitherto attached to the county of Northumberland, had been erected into a new county called Luzerne, after the French embassador. Timothy Pickering, adjutant general, and afterward quarter-master general of the Revolutionary army, himself a New Englander, having purchased lands and resolved to settle in this new district, had been appointed clerk of the new county, and commissioner also for confirming on certain conditions the titles of all settlers prior to the Trenton decree. For his colleagues in this business the Legislature had assigned to him Alexander Patterson and John Franklin, the leaders respectively of the Pennsylvania and Connecticut parties. Most of the old settlers thus confirmed in their titles were inclined peaceably to submit; but Franklin, who had taken a very active share in the reorganization of the Susquehanna Company, was not so easily to be appeased. Jealous of his movements, Pickering obtained a warrant against him for high treason, and, not without some difficulty and danger, caused him to be arrested, and sent a prisoner to Philadelphia. But so great was the excitement which this proceeding caused, especially |